Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

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Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

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Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

Children ‘should be banned from unregulated care homes’ – BBC News

Posted September 10th, 2020 in care homes, care orders, children, news, standards by sally

‘The government should ban placing under-18s in care in unregulated homes amid concerns over sexual and criminal exploitation, the children’s commissioner for England has said.’

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BBC News, 9th September 2020

Source: www.bbc.co.uk

Re D-S (Contact with Children in Care: Covid-19) – Family Law Week

‘This was a successful appeal against a decision of HHJ Lea to refuse a mother’s application for direct contact to her children (who were being cared for by the Local Authority) as the lockdown restrictions eased. Appeal allowed.’

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Family Law Week, 13th August 2020

Source: www.familylawweek.co.uk

Family Law Newsletter – Spire Barristers

Posted August 27th, 2020 in care orders, children, citizenship, contact orders, coronavirus, news by sally

‘Issue #37 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton. Georgina commences pupillage at Spire Barristers in September 2020.’

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Spire Barristers, 26th August 2020

Source: spirebarristers.co.uk

Family Court judge allows autistic mother to type evidence in witness box during care proceedings – Local Government Lawyer

‘A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.’

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Local Government Lawyer, 25th August 2020

Source: www.localgovernmentlawyer.co.uk

Mother and grandparents win appeal over interim care orders – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother and the maternal grandparents against interim care orders made in respect of three children, saying the transcript of the hearing before the recorder “demonstrates once again the difficulties facing courts required to conduct hearings remotely because of the restrictions imposed as a result of the pandemic”.’

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Local Government Lawyer, 24th August 2020

Source: www.localgovernmentlawyer.co.uk

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

Rise in care children being ‘deprived of liberty’ – BBC News

‘The number of children in care in England and Wales who have restrictions placed on their freedom has tripled in the last two years, BBC News has found.’

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BBC News, 6th August 2020

Source: www.bbc.co.uk

Council wins appeal over order discharging interim care orders – Local Government Lawyer

Posted August 4th, 2020 in appeals, care orders, children, local government, news by sally

‘Herefordshire Council has won an appeal from an order discharging interim care orders in relation to girls aged nine and seven.’

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Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

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Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Family Law

‘Government consults on extending the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.’

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Family Law, 28th July 2020

Source: www.familylaw.co.uk

One size fits all? – No. 5 Chambers

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

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No. 5 Chambers, 30th June 2020

Source: www.no5.com

Protection of Children who are Seventeen – Family Law Week

Posted July 2nd, 2020 in care orders, children, jurisdiction, local government, news by tracey

‘Hazel Samuriwo, In-house Advocate at London Borough of Brent, details the measures available to protect young people over seventeen years of age.’

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Family Law Week, 1st July 2020

Source: www.familylawweek.co.uk

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

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Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

News About Special Guardianship Orders – Transparency Project

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

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Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

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1 GC: Family Law, 5th June 2020

Source: 1gc.com

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

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1 GC: Family Law, 4th June 2020

Source: 1gc.com

The Children’s Guardian – should they ever be removed from or replaced in family proceedings? – KCH Garden Sq

Posted June 10th, 2020 in care orders, chambers articles, children, families, guardianship, news by sally

‘IIt is not uncommon for parents in family proceedings to allege that the children’s guardian (guardian) is biased against them, for a variety of reasons. They may suggest that the guardian has taken against them or will not listen, or simply doesn’t believe them. With careful client management this can usually be handled and advised upon.’

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KCH Garden Sq, 9th June 2020

Source: kchgardensquare.co.uk